Mutual Consent Divorce Settlement Agreement Template for United States

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Key Requirements PROMPT example:

Mutual Consent Divorce Settlement Agreement

"Need a Mutual Consent Divorce Settlement Agreement for an amicable divorce with my spouse of 15 years, including provisions for shared custody of our two minor children and division of our family home and retirement accounts, to be finalized by March 2025."

Document background
The Mutual Consent Divorce Settlement Agreement is essential when spouses in the United States wish to divorce amicably and have reached agreement on all major issues. This document typically includes comprehensive arrangements for property division, financial obligations, spousal support, and if relevant, child custody and support. It streamlines the divorce process by demonstrating to the court that both parties have voluntarily agreed to specific terms, potentially reducing court intervention and legal costs. The agreement must adhere to state-specific divorce laws and can vary significantly based on jurisdiction. It serves as a crucial tool in uncontested divorces and forms the basis for the final divorce decree.
Suggested Sections

1. Parties: Identification of both spouses with full legal names and addresses

2. Background: Marriage date, separation date, grounds for divorce, and confirmation of mutual consent

3. Definitions: Key terms used throughout the agreement including 'marital property', 'separate property', etc.

4. Property Division: Comprehensive division of all marital assets and debts

5. Mutual Release: Statement that both parties release claims against each other's property

6. Governing Law: Specification of state law governing the agreement

7. Execution: Signature blocks and notarization requirements

Optional Sections

1. Child Custody and Support: Terms regarding children's custody, visitation, and support (include when the marriage has minor children)

2. Spousal Support: Terms of alimony or spousal maintenance (include when one party will provide financial support to the other)

3. Insurance Provisions: Arrangements for health, life, and other insurance coverage (include when insurance policies need to be addressed)

4. Tax Provisions: Agreement on tax filing status and deductions (include when tax implications need specific attention)

5. Bankruptcy Provisions: Protection in case of bankruptcy (include when significant financial obligations exist)

Suggested Schedules

1. Schedule A - Property Division: Detailed list of marital property and its division

2. Schedule B - Separate Property: List of each party's separate property retained by them

3. Schedule C - Debts and Liabilities: List of all debts and their allocation

4. Schedule D - Parenting Plan: Detailed custody and visitation schedule if applicable

5. Schedule E - Financial Disclosure: Complete financial statements of both parties

6. Appendix 1 - Children's Information: Details about minor children if applicable

7. Appendix 2 - Insurance Policies: List of all insurance policies and beneficiary arrangements

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Industries

Internal Revenue Code: Federal tax regulations governing property division, alimony, and tax implications of divorce settlements

ERISA: Employee Retirement Income Security Act - Federal law governing the division of retirement benefits and pension plans in divorce

QDRO Regulations: Qualified Domestic Relations Order regulations for the division of retirement accounts and pension benefits

Social Security Regulations: Federal rules regarding Social Security benefits and rights for divorced spouses

State Divorce Statutes: State-specific laws governing divorce procedures, requirements, and regulations

Property Division Laws: State laws determining whether community property or equitable distribution rules apply to marital assets

Child Custody Guidelines: State-specific regulations for determining child custody arrangements and visitation rights

Child Support Guidelines: State calculations and requirements for determining child support obligations

Alimony Regulations: State laws governing spousal support/alimony determination, duration, and modifications

Residency Requirements: State-specific residency duration requirements for filing divorce

Waiting Period Requirements: State-mandated waiting periods or separation requirements before divorce finalization

Property Classification Rules: Laws governing the classification of property as marital or separate assets

Insurance Regulations: Laws regarding the continuation of health insurance coverage and life insurance requirements post-divorce

Tax Filing Regulations: Rules governing tax filing status, dependency claims, and property transfer tax implications during and after divorce

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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